Zelensky, Europe Council Ink Agreement to Set up Special Tribunal for Russian Crimes

The agreement, which will be signed tomorrow, establishes the first international tribunal for the crime of aggression.

President Volodymyr Zelensky and the Secretary General of the Council of Europe (COE), Alain Berset, will sign a document tomorrow in Strasbourg on the establishment of a tribunal for the establishment of a Special Tribunal for the Crime of Aggression against Ukraine.

The Council of Europe is a 46-member organization that promotes human rights, the rule of law, and democracy in Europe. Ukraine has been a member since 1995.

The COE has worked with Ukraine to establish the Register of Damage, which has already received more than 34,000 claims, and is undertaking ongoing work to establish both a Claims Commission and the Special Tribunal for the Crime of Aggression.

“For the first time, a dedicated international tribunal is being created to address the crime of aggression. Established within the framework of the Council of Europe, this tribunal will hold to account those who have used force in violation of the UN Charter, applying international law without double standards and reaffirming that Europe’s security will not rest on silence or impunity — but on law, principle, and action,” Secretary Berset noted in comments published in a Council of Europe press release today.

The Special Tribunal will have jurisdiction to prosecute senior officials for the crime of aggression against Ukraine, in violation of the UN Charter’s prohibition against the use of armed force against another state. 

The International Criminal Court (ICC) currently has active cases against Russian President Vladimir Putin and Russian Children’s Rights Commissioner Maria Alekseyevna Lvova-Belova for the unlawful deportation and transportation of populations, including children.

The Special Tribunal will fill a gap in human rights enforcement against Russia because the ICC does not have jurisdiction over the crime of aggression.